It’s Friday…so it must be over.

Ken Tysiac at the N&O has an article up today, UNC-CH avoided creating public record, which discusses the openess and transparity of UNC’s “Review” of their Football Department.

Emphasis in bold by me

Two comments from a sworn deposition of a UNC-Chapel Hill official appear to show efforts by UNC to keep information from becoming public.

Amy Herman, UNC’s associate athletic director for compliance, said in a Sept. 8 deposition she has been advised to avoid creating documents and that UNC officials have outside legal counsel handling documents regarding the school’s football program on a secure NCAA website. Having lawyers who aren’t UNC employees work with those documents could prevent public scrutiny of them.

Glad to know we can trust them to do a thorough investigation when they are “advising” their employees from creating a paper trail.

“Have you ever been advised to avoid creating documents?” Martin asked Herman, according to a transcript of the deposition released this week.

“Yes,” Herman replied.

Her lawyers stopped the conversation when Herman was asked whether she had ever been advised by anyone other than legal counsel to avoid creating documents. After a discussion off the record, Herman’s lawyers objected and instructed her not to answer that question.

“It is not unlawful to not create a public document,” said Melissa Trippe of the North Carolina Department of Justice. “I mean, some would even say that that’s actually good advice, to not create public documents. There’s no requirement that public documents be created if you could pick up a phone and talk to somebody.”

Transparent right?

“So I can understand exercising caution in what you put in a document,” Thorp said. “But from a practical standpoint, that hasn’t prevented the public from knowing the facts and the results of the NCAA investigation. We’ve released thousands of pages of documents, including the Notice of Allegations and our response.”

Atta boy Thorp

A fourth part of the lawsuit, in which the media sought the release of documents related to the investigation, has yet to be decided and led to the deposition of Herman. Her admission that she had been instructed not to create documents wasn’t the only part of the deposition that could indicate an effort to escape public attention.

The NCAA has set up a secure website to house documents pertaining to the case. In the case of another NCAA investigation at Florida State, the media won the right to review documents stored at a similar secure website.

But UNC appears to have a way to prevent that from happening in this case.

officer barbrady large

About 1.21 Jigawatts

Class of '98, Mechanical Engineer, State fan since arriving on campus and it's been a painful ride ever since. I live by the Law of NC State Fandom, "For every Elation there is an equal and opposite Frustration."

UNC Scandal

20 Responses to It’s Friday…so it must be over.

  1. albunde6 10/21/2011 at 7:31 AM #

    They do a better job of managing their brand. They do a better job of marketing their product. Why would anyone expect them to be open and transparent with NCAA violations? Parking tickets? DUI’s? Plagiarism? Fraudulent grades? Phone records?

    The move to put everything in the hands of the attorneys was brilliant. Now they can claim attorney/client privilege. Make you fight them in court for disclosure of documents, phone records, anything that would damage the brand.

    Without the State of NC getting involved, this will be covered up and they will win.

  2. TruthBKnown Returns 10/21/2011 at 8:15 AM #

    The NCAA has set up a secure website to house documents pertaining to the case. In the case of another NCAA investigation at Florida State, the media won the right to review documents stored at a similar secure website.

    I’m not suggesting anything, mind you, but aren’t SOME websites just BEGGING to be hacked? 🙂

    Where is Julian Assange when you need him?

  3. TruthBKnown Returns 10/21/2011 at 8:18 AM #

    But seriously, there is no denying how weaselly UNX officials have been during all this. Not illegal, but taking careful steps to protect their image. It appears THAT is their goal, rather than finding and correcting what is wrong there.

    How much needs to happen that BEGS for an independent investigation? It’s sickening. Truly.

  4. Texpack 10/21/2011 at 8:41 AM #

    This behavior is effectively “anticipatory shredding.” If UNC-CH won’t release documents central to the investigation of the athletic department, there absolutely has to be an independent investigation that will produce public documents. The only way that will ever happen will be for the press to demand it and I doubt very seriously that they will.

  5. freshmanin83 10/21/2011 at 9:05 AM #

    THE carolina way. Universal Non Compliance.

  6. whitefang 10/21/2011 at 9:25 AM #

    It has been obvious from the beginning that they were in cover-up mode. Certainly it is obvious to the NCAA as well. Will it increase the severity of their punishment? Probably not.
    Does anyone besides us care? Not likely.
    If this kind of scandal had happened at State we would be threatened with being kicked out of the conference and the whole athletic department being shut down. It is very possible we would not even be playing football this season (well I guess we haven’t been even without a scandal). It would have hit us both in football AND basketball too. There is NO way this culture of corruption does not extend into the basketball program. Probably baseball as well. It is there, but the dots will never be connected.
    Independent investigation? Sure, should happen. But NCAA non-compliance is not a crime so who forces it? The BOT? Not bloody likely…

  7. blpack 10/21/2011 at 9:39 AM #

    You are right, it is certainly a culture of corruption and not isolated to football. Football just got caught and was brash enough to flaunt breaking some rules. It seems like you cannot by transparent and cooperative while still lawyering up and having to get sued to release documents. It is either one or the other. Tell the truth or cover it up. We know which side UNC-Chapel Hill chose.

  8. ncsu1987 10/21/2011 at 9:54 AM #

    The “don’t create public documents” advice is, indeed, sound legal advice, probably offered to clients under most circumstances. That they were advised to do this is NOT a surprise. That they are doing this is NOT a surprise. What this should do, however, is put to rest the oft quoted mantras about transparency and cooperation. Within the very small percentage of the population who are actually keeping up, this will be true – to some degree it’s already true. But 98% of the population won’t ever hear this and will continue to drink the Smurf Kool-aid.

    The BOT and BOG have already received hundreds of requests from concerned citizens asking for an independent investigation, or at least an explanation of the rationale behind the decision NOT to ask for an independent investigation. They have done absolutely nothing to this point. Until there is a public outcry via MSM, this will NEVER happen. Everyone from the athletic dept all the way up through the BOG and into the state government are doing everything possible to minimize the damages to their precious flagship and its collapsing reputation.

    Nothing will change unless a major media outlet continues to push, dig, and ask questions. Just not sure any of the media outlet leadership has the cojones to actually do it.

  9. packhammer 10/21/2011 at 9:58 AM #

    Wow. They released the NOA and their response to it. What a load of crap.

  10. Pack Mentality 10/21/2011 at 10:14 AM #

    I know it comes as a surprise to State since we basically killed our athletic success over much more minor violations. But Carolina is doing what it can to continue athletic success. I want them to get the harshest possible punishment.

    But this is the way a program should behave if they want self preservation as opposed to committing suicide.

  11. NCSU88 10/21/2011 at 11:32 AM #

    From now on, if/when we lose to UNX in sporting events we should claim it never happened.

  12. state73 10/21/2011 at 12:59 PM #

    Many of us have believed for a long time that UNC-CHeat has long been one of the most corrupt athletic programs in the NCAA and this just adds to that belief!

  13. TruthBKnown Returns 10/21/2011 at 1:08 PM #

    state73, the Holes do what they have to do to prevent anyone from PROVING that.

    That’s why we need the 216 records so badly. This is something they (potentially) do not control. Hopefully state law will get those records into the public eye and open a few eyes in the process.

  14. MattN 10/21/2011 at 2:40 PM #

    It’s a relief they were so cooperative in the whole process. Can you imagine if they weren’t? Oh…wait…

  15. TruthBKnown Returns 10/21/2011 at 3:08 PM #

    The Holes do have a point… there are two forms of “cooperation”. There is cooperation with the NCAA, and there is cooperation with the desires of the masses. It’s possible that they did everything asked of them by the NCAA, but just didn’t give the public everything THEY asked for.

    They could have been fully cooperative with the NCAA and just thumbed their noses at all of us that wanted more information. And to us, that feels like they’re being uncooperative.

    But for me, being cooperative (with the NCAA) should mean they do more than just what is asked. For example, if the NCAA asks for their university phone records, and they KNOW that Butch was using his personal phone for work purposes, and they neglect to volunteer those records along with the others, then I would say that is being uncooperative. Because the “spirit” of the request was to get the phone records, not just the ones specifically requested.

    That’s probably a bad example, because the NCAA only asked for Blake’s phone records (I’m still not sure why they didn’t want Butch’s, too…) But if there is something bad in Butch’s 216 phone records, and the university either doesn’t want to know, or knows and doesn’t want to volunteer it to the NCAA, then I’d call that being uncooperative. I think they protected themselves by firing Butch, and in doing so, removed any reason for them to pursue Butch’s 216 phone records. For $2.7 million, they bought themselves the right to say they had no reason to even care what was in those phone records.

    It just doesn’t feel like cooperation to me.

  16. Wolf74 10/21/2011 at 7:57 PM #

    UNC = University of Non Cooperation

    Absolutely the most corrupt athletic department in the NCAA. Makes Southern Cal, Oklahoma and such look like choir boys. There should never be a single UNC-CH graduate elected to any public office. They are too self serving and too corrupt to serve the public good. It is ingrained in their brain from the time they step foot on that cess pool campus.

  17. pack76 10/21/2011 at 8:27 PM #

    Dare we say it? “LOIC!!!” It is amazing to me that BOG still doesn’t call for an independent investigation!!! Mind Boggling!!! It’s the carolina way!!!

  18. john of sparta 10/21/2011 at 9:29 PM #

    looking for a post/thread for our game.

  19. vtpackfan 10/22/2011 at 8:20 AM #

    The guys are eating breakfast at a charlottesvilles Vegan place and they’be already spot the Wahoos 10 points. There’s your thread.

  20. stillapackfan 10/22/2011 at 10:55 AM #

    “looking for a post/thread for our game”

    Exactly john of sparta but as usual pack fans are more concerned with what’s going on in Chapel Hill. No wonder they say we’re obsessed with them. We are.

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